PORT TOWNSEND — A recall action against two Quilcene Fire District commissioners can proceed, Court Commissioner Keith Harper ruled Thursday.
Harper, who was acting as a Jefferson County Superior Court judge, ruled that the complaints against the commissioners, Mike Whittaker and David Ward, were severe enough to warrant the recall action, though he did not judge the merits of the case.
In the ruling, Harper said, “the court finds that none of the charges were frivolous or unsubstantiated.”
At a hearing on the recall paperwork Tuesday, Harper said: “It’s not my role to decide whether they are guilty of the charges.
“That is up to the voters.”
The next step is for Port Townsend attorney Peggy Ann Bierbaum, who initiated the recall action, to draft an order that will then be sent to attorney James Hanken, who represents Whittaker and Ward.
The order then will be sent to a judge for entry.
Once this occurs, recall proponents can begin gathering signatures, which must add up to 35 percent of the votes cast for the race in the last election, and have 180 days to do so.
Recall elections cannot occur between a primary and general election, so the special election would take place after Nov. 8.
The recall election would be conducted by mail, with ballots sent to voters in the Quilcene Fire District.
On Thursday, Bierbaum said she was “gratified” by the decision, which she called “the right choice.”
Hanken did not return a call requesting comment.
Whittaker and Ward have been under fire for more than a year over allegations of impropriety having to do with the creation of a chief operating officer job for the district and the hiring of Ward for that position.
Bierbaum filed recall paperwork June 30 after several people told Whittaker and Ward that a recall petition would be filed if the two did not resign.
That was soon after Chief Bob Low, who had replaced the late Bob Wilson as chief in February 2010, submitted his resignation June 23, saying he could no longer work with Whittaker and Ward.
Whittaker and Ward stayed put, and the recall paperwork was amended July 14 to include additional charges against Ward.
Recall proponents allege that Ward gave specific instructions that meeting minutes be falsified and that he created and served in the chief operating officer position to qualify for state retirement benefits.
Harper also approved the ballot language as submitted by the Jefferson County prosecuting attorney.
The ballot language of the proposed recall of Ward says he created a paying position for himself, continued to serve in that position even though a new chief had been hired, falsified his start date, did not create any work product and failed to take action to remedy the situation.
The ballot language against Whittaker differs slightly, saying he allowed Ward’s actions to occur.
Both commissioners were unopposed in their last election, with Whittaker receiving 554 votes in 2009 and Ward receiving 510 votes in 2007.
For a recall election to go forward, proponents must gather 194 signatures to recall Whittaker and 179 to recall Ward.
The actions are separate, so one recall could be approved while another is not.
If voters did not approve recall of the commissioners, they would serve out their terms.
If one were recalled, a replacement would be chosen by the commissioner who was not recalled along with Commissioner Debbie Randall.
If both were recalled, the three Jefferson County commissioners would name one replacement, who would work with Randall to choose the second replacement.
The Quilcene Fire District was committed to paying up to $8,000 for Whittaker’s and Ward’s legal bill, if the recall action did not proceed.
The two commissioners are now responsible for their legal expenses.
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or charlie.bermant@peninsuladailynews.com.